Labor Relations © Nancy Brown Johnson, 2000 http://www.americanrightsatwork.org/workersrights/colbert_kyriver.cfm
Dec 25, 2015
Labor Relations
© Nancy Brown Johnson, 2000
http://www.americanrightsatwork.org/workersrights/colbert_kyriver.cfm
Learning OutcomesStudents will be able to explain the
underlying premise of the US labor movement.
Students will be able to provide an overview of US labor laws.
Students will be able to explain the reasons for the decline in the US labor movement
History: Early Union AttemptsUtopian SchemesLegislation: Populist
MovementsRadical Movements:
Syndicalists
Knights of LaborAbolish wage system using
educationDid not believe in strikesOrganized workers by
geographyStrikes gained them members
American Federation of Labor (AFL)No reformist goals-accepted
capitalismCollective bargaining StrikesCraft union autonomyNo legislative attemptsBusiness Unionism
Early Legal EnvironmentCommon LawCriminal Conspiracy Doctrine- 1794Ends/Means Test- 1842
ends to raise wages means was the strike
InjunctionYellow-dog contract
Norris-LaGuardia
1932Restricted use of the
InjunctionMade yellow-dog contracts
unenforceableNeutral
Congress for Industrial Organization (CIO)
Industrial v. craftKicked out of AFLSuccessfully organized
auto, steel, rubber
National Labor Relations Act NLRA (1935)Also Wagner ActPro-laborProvided for union electionCreated Employer Unfair Labor
PracticesCreate National Labor Relations
Board (NLRB) to enforce
Employer Unfair Labor PracticesCannot threaten, restrain, or
coerce employees in attempting to unionize
Must bargain in good faithEmployer must not discriminate
based upon union activityNo company unions
Taft-Hartley (1947)“Slave labor bill”Established union unfair labor
practicesFederal Mediation & Conciliation
Service (FMCS)Precluded secondary activityRight-to-work laws
Landrum-Griffin (1959)Labor Management Reporting and
Disclosure ActUnion Financial ReportingEmployee Bill of RightsUnion Representative Elections
Public Sector LawsFederal - Civil Service Reform Act
1978 federal workers could join unions cannot negotiate wages cannot strike
State and Local enacted on state by state basis usually precludes right to strike
Union MembershipPeaked in 1955 at 35%Today approximately 12.4%Public sector workers 37.4
percentEducation, training, and library
occupations 38.1 percent
Reasons for the DeclineGlobal EconomyDeregulationMove from Manufacturing to
ServicesLaws Providing Employment
ProtectionMore Aggressive Management
Tactics
Why People Vote for Unions
Dissatisfied with wages & working conditions
Believe union can improve (instrumentality)
No other choice
Union Effects
Exit/Voice Hypothesis
Voice - complain
Exit - leave
Union EffectsVoice
unions encourage voice decreases turnover increases productivity
Monopoly unions raise wages cause labor market inefficiencies
Contract Negotiation Process
Distributive bargaining (win-lose)
Integrative bargaining (win-win)
Attitudinal StructuringIntra-organizational bargaining
Union Bargaining Power
Product Demand is strong Product Perishability is high Capital intensive Replacement workers not available Single production sites or Facilities are not very integrated Lack of product substitutes
Impasse-Resolution Procedures:Strike Alternatives
MediationArbitrationGrievance Procedures
Grievance Procedures1 Oral: supervisor.2 Written: higher level manager-
steward and management representative meet.
3 Written Appeal: top level / labor relations staff.
4 Arbitration: final & binding decision.
Measuring Labor Relations EffectivenessStrikesWages and BenefitsProductivityProfits